Senators to Outlaw Gun Smuggling… Which Is Already Illegal

Senate Judiciary Committee chairman Patrick Leahy, D-Vt., said the bill would establish tough penalties for those who buy a firearm or ammunition with the intent of transferring it to someone else. The measure would also make it a crime to smuggle firearms out of the United States.

So when are they going after Holder? Oh, that’s right – never.

Leahy said there is no federal law now that defines either gun trafficking or straw purchasing – when a person who can legally buy guns transfers those guns to criminals and others barred from gun ownership – as crimes.

The Form 4473 contains name, address, date of birth, government-issued photo ID, National Instant Criminal Background Check System (NICS) background check transaction number, make/model/serial number of the firearm, and a short federal affidavit stating that the purchaser is eligible to purchase firearms under federal law. This includes swearing that you do not use any illegal drugs, thus outlawing firearms possession by e.g. American marijuana users. (Cf: Prohibited persons.) Lying on this form is a felony and can be punished by up to five years in prison in addition to fines, even if the transaction is simply denied by the NICS, although prosecutions are rare in the absence of another felony committed with the gun purchased.

All you have to do is enforce existing laws.

The bill was crafted by Leahy, fellow Democrats Dick Durbin of Illinois and Kirsten Gillibrand of New York, and Republicans Mark Kirk of Illinois and Susan Collins of Maine.

Despite his calls for greater gun control, including a new assault weapons ban that extends to handguns, President Obama’s administration has turned away from enforcing gun laws, cutting weapons prosecutions some 40 percent since a high of about 11,000 under former President Bush.

From the AP again:

The proposed legislation would make it a crime to transfer a weapon when a person has “reasonable cause to believe” that the firearm will be used in criminal activity. It contains exemptions for the transfer of a firearm as a gift, or in relation to a legitimate raffle or contest.

This kind of legislation becomes very nebulous. It rapidly turns into a charge that prosecutors can levy against someone without actual proof in order to get them to plea bargain down to a lesser charge rather than face trial or the financial costs of trial. We don’t need any more laws. We certainly don’t need Obama’s DOJ being given any more laws that they violate to turn around and enforce on citizens.